G. v. Mills

No. 04-cv-05415 (E.D. N.Y. filed May 18, 2005) ; Clearinghouse Number: 55840

Description

Court-Involved Youth Charge that New York City and State Violate Their Rights to Education

Abstract

Six children, on behalf of a class of school-age New York City court-involved youth, are suing New York State education commissioner and New York City Schools chancellor, education board, and education department. Plaintiffs allege that defendants denied them timely and appropriate reenrollment in schools in their communities upon their release from a court-ordered setting and denied them adequate general and special education while in court-ordered settings. Plaintiffs’ complaint describes how local schools refuse to enroll plaintiffs following their release from detention, and children remain out of school for weeks and months while parents travel from school to school for an appropriate placement. Through Section 1983, plaintiffs bring due process claims under the Fourteenth Amendment for deprivation of their liberty and property interest in education. They also charge violation of the New York Constitution’s right to education and violation of several state school laws and regulations. On behalf of a subclass of students with disabilities, plaintiffs charge violation of the Individual with Disabilities Education Act, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act; plaintiffs allege that the subclass comprises one-half or more of all class members. Plaintiffs seek declaratory relief, preliminary and permanent injunctive relief, appointment of a special master, costs, and attorney fees. The court temporarily restrained defendants from prohibiting the original four named plaintiffs from immediately enrolling in appropriate schools and classes.

Additional Information

Attorney Information
Plaintiffs represented by Elisa F. Hyman, Advocates for Children of New York, 151 W. 30th St., 5th Fl., New York, NY 10001, (telephone number: 212.947.9779); Nancy Rosenbloom, The Legal Aid Society of New York, 199 Water St., 3rd Fl., New York, NY 10038 (telephone number: 212.577.3265).
Docket Date
2005-05-18 00:00:00+00:00